Supreme Court Reverses Sotomayor In Race Case
The U.S. Supreme Court today overturned a circuit court opinion participated in by Supreme Court nominee Judge Sonia Sotomayor. In its 5-4 decision, the Supreme Court ruled in favor of a group of New Haven, Connecticut firefighters who claimed they were denied promotion for racial reasons.
The reverse racial discrimination case, Ricci v DeStefano, was filed on behalf of 19 white firefighters and one Hispanic firefighter. The firefighters sued the city of New Haven in 2004, after the city threw out the results of their promotional examination. The firefighters claimed the test results were invalidated because only the white and Hispanic candidates had passed the test. All 20 firefighters would have qualified for promotion based on their test results.
In Feb. 2008, the three-judge panel of the U.S. 2nd Circuit Court of Appeals, which included Judge Sotomayor, ruled that New Haven’s action in throwing out the test results had not been racially motivated and did not amount to reverse racial discrimination.
The Supreme Court, in overturning the 2nd Circuit Court of Appeals’ decision, found that New Haven had acted out of fear of being sued for affirmative action violations had it promoted the firefighters based solely on the test results. “Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,” wrote Justice Anthony Kennedy in the majority opinion.
Justices Scalia, Thomas, Alito and Chief Justice Roberts joined Justice Kennedy in the majority opinion, with Justices Ginsburg, Stevens, Souter and Breyer dissenting.
Fair or not, Sotomayor will probably be required to defend her Appeals Court ruling in Ricci v DeStefano during her Senate confirmation hearings now set for September.
Also See:
Sotomayor Senate Confirmation: Not Her First Rodeo
Sotomayor's Latin Woman's Wisdom Statement
The Supreme Court Senate Confirmation Process
Comments
Its about time the courts start to recognize affirmative action as discrimination.
Let’s not forget that in 2006 the Supreme Court, with John Roberts as Chief Justice, reversed John Roberts’ decision, while at the apellate level, upholding Bush’s military tribunals at Guantanamo. Roberts obviously didn’t take part in the Supremes’ decision. In other words there’s only so much significance to a conflict between a Supreme Court decision and one of its members, prospective or otherwise, especially when the opinions are so fractured–as was the case today.
As for brainman: there’s discrimination in every single act you take, every breath you take, from deciding what words to use to what blog post to comment on to what people you hang out with and what opinions you proffer. The issue isn’t discrimination–an ideological cluster-bomb of a code word rather than a word with precise value anymore–but what the aim of that discrimination happens to be. We all know the difference between positive and negative discrimination. The Supremes’ decision today needlessly regresses toward negative discrimination, which has a long, and obviously unfinished, history in this country.
Thank you for your ruling overturning the New Haven decision.
Pierre….”The Supremes’ decision today needlessly regresses toward negative discrimination, which has a long, and obviously unfinished, history in this country.”
What are you smoking? Two wrongs NEVER make a right, and that is exactly what Affirmative action is….WRONG! You want to see racism come to an end? Duct tape the pieholes on people like Al Sharpton, Jesse Jackson, and Rev. Wright. We are at least 6 generations past slavery. If people actually TRIED to better themselves and get off the government dole instead of thinking that they are somehow “entitled” to a free ride FOREVER, they could, and WOULD be successful by now. Some black families have overcome any and all obstacles and are to be commended for it. The others need to stop listening to the loud mouths like the aforementioned, and try harder. The biggest reason for the disparity in the 21st century is all due to liberal ideas about so-called “fairness.” Get over it!